Farmers Ins. Co. of Arizona v. Sandoval

253 P.3d 944
CourtNew Mexico Court of Appeals
DecidedApril 4, 2011
Docket29,537
StatusPublished
Cited by9 cases

This text of 253 P.3d 944 (Farmers Ins. Co. of Arizona v. Sandoval) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmers Ins. Co. of Arizona v. Sandoval, 253 P.3d 944 (N.M. Ct. App. 2011).

Opinion

253 P.3d 944 (2011)
2011-NMCA-051

FARMERS INSURANCE COMPANY OF ARIZONA, Plaintiff-Appellee,
v.
Christine SANDOVAL and Melissa Carter, Defendants-Appellants.

No. 29,537.

Court of Appeals of New Mexico.

April 4, 2011.

*946 O'Brien & Ulibarri, P.C., Daniel J. O'Brien, Albuquerque, NM, for Appellee.

Whitener Law Firm, P.A., Thomas M. Allison, Albuquerque, NM, for Appellants.

OPINION

WECHSLER, Judge.

{1} In this appeal, we must determine whether an insurer is entitled to offset an injured insured's award of underinsured motorist (UIM) benefits by a tortfeasor's liability policy limits when the insured receives an amount less than policy limits due to a contractual exclusion for punitive damages. In light of the remedial purpose of NMSA 1978, Section 66-5-301 (1983), we conclude that the insurer's offset is limited to the amount of money actually received by the insured from the tortfeasor. Accordingly, we reverse the judgment of the district court.

BACKGROUND

{2} The facts are undisputed. On March 19, 2006, Christine Sandoval and Melissa Carter (collectively, Defendants) were involved in an automobile accident with Shawna Chavez, who was driving while intoxicated. As a result of the accident, Sandoval incurred medical expenses in the amount of $2194.74, lost wages in the amount of $444.48, and pain and suffering. Carter incurred medical expenses in the amount of $2213, lost wages in the amount of $1000, and pain and suffering.

{3} Defendants sought compensatory and punitive damages from Mid-Century Insurance Company (Mid-Century), which insured Chavez's vehicle for liability coverage in the amount of $25,000 per person and $50,000 per accident. However, the Mid-Century policy explicitly excluded punitive damages from liability coverage. Because Defendants' compensatory damages are less than $25,000 each, it is anticipated that they will settle their claims against Mid-Century for an amount less than policy limits.

{4} Defendants filed a UIM claim against Farmers Insurance Company of Arizona (Farmers), which insured Carter's vehicle for $30,000 per person and $60,000 per accident. Defendants each sought $30,000 in punitive damages, alleging that Chavez was underinsured with respect to punitive damages. Farmers determined that Defendants were entitled to UIM benefits in the amount of $5000 each, which it calculated by offsetting the policy limits of Defendants' UIM coverage ($30,000) by the policy limits of the Mid-Century policy ($25,000). Defendants did not dispute that Farmers was entitled to an offset, but claimed that this offset must be based on the amount of money actually received by Defendants in settlement of their claims, rather than the liability limits of the Mid-Century policy.

{5} Farmers filed a declaratory judgment action in district court to determine the amount of its offset under Section 66-5-301 and the UIM policy. Farmers and Defendants each moved for summary judgment. The district court granted Farmers' motion and denied Defendants' motion. Defendants appeal, claiming that an insurer's offset is "limited to the amount of liability proceeds actually available to the injured insureds when that amount is less than the amount of [UIM] coverage."

STANDARD OF REVIEW

{6} "Summary judgment is proper when the material facts are undisputed and *947 the only remaining issues are questions of law." Bird v. State Farm Mut. Auto. Ins. Co., 2007-NMCA-088, ¶ 7, 142 N.M. 346, 165 P.3d 343. We review a district court's grant of summary judgment de novo. Self v. United Parcel Serv., Inc., 1998-NMSC-046, ¶ 6, 126 N.M. 396, 970 P.2d 582.

STATUTORY OFFSET

{7} We begin our analysis with Section 66-5-301(B), which was "designed to expand insurance coverage to protect the public from damage or injury caused by other motorists who were not insured [or were underinsured] and could not make the impaired party whole." Marckstadt v. Lockheed Martin Corp., 2010-NMSC-001, ¶ 15, 147 N.M. 678, 228 P.3d 462 (internal quotation marks and citation omitted). "Because we liberally interpret the statute in order to implement its remedial purpose, language in the statute that provides for an exception to uninsured coverage should be construed strictly to protect the insured." Romero v. Dairyland Ins. Co., 111 N.M. 154, 156, 803 P.2d 243, 245 (1990) (citation omitted). "To that end, the only limitations on protection are those specifically set out in the statute itself: that the insured be legally entitled to recover damages and that the negligent driver be uninsured" or underinsured. Schmick v. State Farm Mut. Auto. Ins. Co., 103 N.M. 216, 219, 704 P.2d 1092, 1095 (1985).

{8} Given the remedial purpose of the statute, our Supreme Court has held that "uninsured motorist coverage includes coverage for punitive damages." Stewart v. State Farm Mut. Auto. Ins. Co., 104 N.M. 744, 746, 726 P.2d 1374, 1376 (1986). Punitive damages, which derive from actual damages, "`are as much a part of the potential award under the uninsured motorist statute as damages for bodily injury, and therefore they cannot be contracted away.'" Manzanares v. Allstate Ins. Co., 2006-NMCA-104, ¶ 5, 140 N.M. 227, 141 P.3d 1281 (quoting Stinbrink v. Farmers Ins. Co., 111 N.M. 179, 180, 803 P.2d 664, 665 (1990)). Accordingly, "an insured may recover punitive damages from his insurer if he would be legally entitled to recover them from the uninsured tortfeasor." Stewart, 104 N.M. at 747, 726 P.2d at 1377.

{9} However, the amount of punitive damages recovered through an insured's UIM carrier may not be commensurate with the amount of punitive damages for which a tortfeasor is liable. This is so because "the Legislature, in defining [a UIM], set the . . . maximum on the amount an insured can collect from his [UIM] carrier." Schmick, 103 N.M. at 222, 704 P.2d at 1098. Specifically, an insured's recovery is limited to the aggregate amount of uninsured motorist coverage purchased for the insured's benefit reduced by the statutory offset inherent in Section 66-5-301. See Schmick, 103 N.M. at 223, 704 P.2d at 1099; Manzanares, 2006-NMCA-104, ¶ 9, 140 N.M. 227, 141 P.3d 1281 (holding that an insured cannot recover punitive damages in excess of UIM coverage minus the insurer's offset).

{10} In this case, we must determine the amount of Farmers' statutory offset. In Schmick and its progeny, the insureds actually received an amount equal to the liability limits of the tortfeasor and, therefore, the courts did not directly address the question before us. See, e.g., Am. States Ins. Co. v. Frost, 110 N.M. 188, 189, 793 P.2d 1341, 1342 (1990); Fasulo v. State Farm Mut. Auto. Ins. Co., 108 N.M. 807, 808, 780 P.2d 633, 634 (1989); Schmick, 103 N.M. at 218, 704 P.2d at 1094; State Farm Mut. Auto. Ins. Co. v. Jones, 2006-NMCA-060, ¶ 2, 139 N.M. 558, 135 P.3d 1277; Manzanares, 2006-NMCA-104, ¶ 2, 140 N.M. 227, 141 P.3d 1281; Martinez v. Allstate Ins. Co.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Castillo v. Allstate Prop. & Cas. Ins. Co.
New Mexico Court of Appeals, 2022
Bhasker v. Kemper Cas. Ins. Co.
284 F. Supp. 3d 1191 (D. New Mexico, 2018)
Fred Loya Ins. Co. v. Swiech
413 P.3d 530 (New Mexico Court of Appeals, 2017)
State Farm Mutual Automobile Insurance Co. v. Brown
195 So. 3d 295 (Court of Civil Appeals of Alabama, 2015)
Starko, Inc. v. Presbyterian Health Plan, Inc.
2012 NMCA 053 (New Mexico Court of Appeals, 2012)
Starko, Inc. v. PRESBYTERIAN HEALTH PLAN
276 P.3d 252 (New Mexico Court of Appeals, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
253 P.3d 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-ins-co-of-arizona-v-sandoval-nmctapp-2011.